bill for statewide standard forms in criminal cases

The text as introduced · 509 words

90R4301 JCG-D

By: Canales
H.B. No. 902

A BILL TO BE ENTITLED

AN ACT

relating to the creation and promulgation of certain standard forms

for statewide use in criminal actions.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter C, Chapter 72, Government Code, is

amended by adding Section 72.0385 to read as follows:

Sec. 72.0385. STANDARD FORMS IN CRIMINAL ACTIONS. (a) The

office shall create and promulgate for use in criminal actions by

the courts standard forms for:

(1) waiving a jury trial and entering a plea of guilty

or nolo contendere in a felony case under Article 1.15, Code of

Criminal Procedure, including for:

(A) the waiver of appearance, confrontation, and

cross-examination of witnesses;

(B) the defendant's consent to an oral

stipulation of evidence and testimony; and

(C) the introduction of any documentary

evidence;

(2) waiving a jury trial and entering a plea of guilty

or nolo contendere in a misdemeanor case under Article 27.14, Code

of Criminal Procedure;

(3) a trial court to admonish a defendant under

Article 26.13, Code of Criminal Procedure, and, if applicable,

Article 27.14(e), Code of Criminal Procedure, before accepting the

defendant's plea of guilty or nolo contendere;

(4) a defendant who receives admonitions in writing

under Article 26.13, Code of Criminal Procedure, to acknowledge

that the defendant understands the admonitions and is aware of the

consequences of the defendant's plea;

(5) a trial court to enter into the record the court's

certification of a defendant's right to appeal under Rule

25.2(a)(2), Texas Rules of Appellate Procedure;

(6) waiving the defendant's right to discovery under

Article 39.14, Code of Criminal Procedure;

(7) acknowledging the disclosure, receipt, and list of

all evidence provided to the defendant under Article 39.14, Code of

Criminal Procedure, as required by Subsection (j) of that article;

(8) documenting the punishment that the prosecutor

recommends as part of a plea bargain agreement, including a

defendant's consent to waiving certain appeal rights under Rule

25.2(a)(2), Texas Rules of Appellate Procedure, if the punishment

assessed by the court does not exceed the punishment recommended by

the prosecutor and agreed to by the defendant; and

(9) waiving a defendant's right to an expunction or to

an order of nondisclosure of criminal history record information.

(b) The office shall update the forms as necessary.

(c) The supreme court by rule shall set the date by which all

courts with jurisdiction over criminal actions must adopt and use

the forms created under Subsection (a), and if updated, the date by

which those courts must adopt and use a form updated under

Subsection (b).

(d) A court shall accept a form promulgated by the office

under this section unless the form has been completed in a manner

that causes a substantive defect that cannot be cured.

SECTION 2. Not later than September 1, 2028, the Office of

Court Administration of the Texas Judicial System shall create and

promulgate the forms required by Section 72.0385, Government Code,

as added by this Act.

SECTION 3. This Act takes effect September 1, 2027.